future prosecution, but because court asked those questions and judges are prone to do that, we re back to the drawing table now. harris: look, griff jenkins come out of the courtroom, talking with our producer, we want to wait for his reporting. what kind of deal would they be grappling for right now? griff had said possibly go to trial. i imagine hunter biden people want that like nobody s trial to never happen. is there a limitation they can put on the plea? what could be happening? what is on the table? they can negotiate on charging document, information issue not a grand jury indictment, all they can negotiate is penalty associated, the charges are filed, they would have to dismiss information and get an indictment and go forward on
that, a grand jury indictment. we talked last hour, andy mccarthy pointed out, certain things may fall by the waste side, five-year statute on gun charge we decided runs in october. there is danger to the prosecution to the integrity of prouscution by engaging in much delay, they lose ability to bring certain charges due to the statute of limitations or due to double jeopardy if they take a plea on this document before them. i really don t know what is going to happen. we ll have to wait and see. i don t think you will see any plea today on this charging document. harris: wow, i tell you, two hours, 18 minutes and 22 seconds, last hour who would have guessed we would have such an extended break and how long this could take. have you ever seen federal court situations like this and what
that courtroom right now? what is going on inside the courtroom that it has been almost two hours. they are on a break. supposed to go back to this. but that s i want to know what s happening, what is unfolding. we can t see it but you have so many years of experience. what is possible for his attorneys at this point? if the judge is willing to even accept a plea on the information, the charging document that she has before her, the only thing they could be negotiating about sort of on the fly in the courtroom is some type of sentencing enhancement, that is jail time. it could be they say all right, we ll agree to do a little jail time now on this gun charge and not do diversion. they could try to put more teeth in it to see if it satisfies the judge. the judge is not going to tell them in advance what she will and won t take. she is going to say go back and try again and bring something else back to me and i ll tell you if i ll take it whether you
forward like this and everything to lose as he himself said. they eluded to a 99 page charging document that the department of justice produced arguing that hunter biden should be charged with felony tax crimes. where is that document? they said david wise tried to be elevated to a special council. what paperwork was generated in that effort? that s something that congress has to get ahold of and we have to see. rachel: credibility of irs will be really important moving forward. you mentioned i was back in wisconsin. sean and i ran into someone we know saying armed irs agents showed up at his house and then he had to get a lawyer. long story short, they said oops, sorry, wrong once me had a lawyer. they said oops, sorry. why didn t you just send me a letter? i m saying the irs is an agency that can be weaponnized and thanks to the hiring of armed 80,000 new armed irs and the fact they re advertising positions asking if people know how to that they re going to
incensed about what they saw unfold on january 6th, they are hoping to see a strong charge like that. like the word insurrection in this charging document. what s your assessment of the fact that that is not apparently in the target letter that jack smith sent to donald trump. earlier, you are talking about novel charges. insurrection would probably qualify as a novel charge, not one that s used all that often. to bob s point earlier about not boiling the ocean, i m sorry, the special counsel s office, aided by the department of justice, is really trying here to come up with a streamlined theory of the case based on statutes that they have used again and again, where there is a history, not some novelty, so they can say with a straight face that this isn t that complicated of a case. we have a small group of defendants, i would guess, and a fairly small number of charges ones that they ve used before again and again with success, it can eliminate as